Is This Legal?

[Barsel]

I live in a shared ownership bungalow on a complex with 13 others, we are all pensioners.We all own a percentage and pay rent on the remaining percentage. Just over a year ago, our Housing Association handed over the running of it all to a management company.They decided (without consulting us or even telling us) that they would carry out an external health and safety survey, so they sent a member of their staff to come along with a camera, take some pictures and charge us £17,85 each.I realise this isn't a huge amount of money but the thing is, this survey was carried out on 2nd June 2014 and yet they are only just asking us for the money which they want asap.The result of their survey was to report that some peoples shrubs were growing through their fences and a small part of the road tarmac needs patching.Even though this was carried out last year, they didn't act on those findings. They are not the Landlord of these properties and there is nothing in our lease about health and safety, so I was wondering if what they have done is legal?Many thanks for any replies.

[Barsel]

When I said 'they decided' I mean the management company.

[Birdfeeder]

suggest you ask for advice at either Age Concern or Citizens Advice. I am sure they will be able to help or will point you in the right direction

[Peter Pedant]

I would write a nice letter sasking under what clause of the lease or article od the management agreement are they charging you ?

[Barsel]

Thanks birdfeeder. I would love to do this and take copies of paperwork and emails I've received from them but unfortunately I'm immobile at the moment due to an operation and cannot get there.They want the money by the end of this month and I don't know if I can get to the CAB before then.

[Peter Pedant]

then ask someone else in the complex/condo to do it

[Barsel]

I've asked them which page of my lease this is on Peter and they just said it was a management decision.

[Barsel]

That's a good suggestion Peter, but most of my neighbours are elderly and infirm and some of them are not even bothered and have just paid it. Unfortunately I'm someone who doesn't like to be made a fool of or taken advantage of and I don't give up when it comes to this.If someone could tell me if what they have done is legal then I have something to go on.

[sandyRoe]

Say to them if it was a management decision then the management can pay.

[Barsel]

Wish it was that easy sandy.One elderly lady asked if they could send someone to prune her tree. They said yes, then divided the cost between all of us.We didn't object to that because it was a one off but then they tried to charge us all again. When I questioned this with them, I was told the 'tree surgeon' (i.e 2 young lads in an unmarked truck) had accidently been paid twice for the same job and won't give the money back so they expect us to pay again for their mistake.If you say your not going to pay for their mistakes or for this survey charge, they start threatening you as in action will be taken against you.

[Birdfeeder]

Have you thought of phoning your nearest Trading Standards department I am sure they could advice you?. Also phone Age Concern and Citizens Advice you don't need to go there in person

[Sir Alec]

If you have been threatened, the police can be called, using the local number in the phone book. Not 999. This is the bullying of elderly people and far too much of it goes on these days by 'officials' who think that they can just use a bit of muscle to get their own way. You are right to question their actions and I hope you succeed in getting your neighbours money back. Like you say, their mistake is not your fault and you shouldn't have to pay for it.

[Barsel]

Thanks for all your answers. I will get the numbers of my local CAB and Age Concern and see how I get on on the phone. x

[Peter Pedant]

I agree with sandy ...

it depends / hangs on whether they can spend your money on their activities

and no with the info so far it does not sound legal and
does sound as if they are trying it on

try saying it should be included/absorbed in their management charge
and if they deem it outside the usual mgt activities ( which they obviously do then they should have canvassed you first )

[Dogsbody2]

There are various ways these management companies are contracted to operate.
Some can be appointed by the owners themselves, some are mandated to be able to run the property maintenance of the dwellings and the cost of maintaining the common parts.
For example, McCarthy & Stone always build schemes where their own in-house maintenance division have the right to run the management of the site - a bad thing, in my view.
Then, there are various different arrangements by which the management costs are allowed to escalate - sometimes tied to the ONS CPI price index - sometimes not by any specified amount - another bad thing to watch out for.
The OP sees to be saying that the new management company unilaterally decided to spend money on a survey and bill the residents for the recommendations arising (road patching).
It is fair enough that they have to show that the site is safe, but this sounds a trivial outcome, if it was the only one.
In the first instance, I suggest you try to find out what contractual obligations have, and the scope of their work, and also the payment they receive for it, and their mandate to do extra work above the contract for additional payment.
Do you each pay a definable management charge per year? - or is it bound up invisibly in the 'rent' payment for the shared ownership?